| Abstract [eng] |
The master‘s thesis „Application and Significance of Procedural Coercive Measures ir Criminal Proceedings“ analyzes procedural coercive, their system, goals and functions. The work begins with the concept of procedural coercive measures. The concept is analyzed at legal and scientific levels of perception. The aims and functions of procedural coercive measures are further analyzed. The functions are broken down into species, described and examples are given in order to describe all species as clearly as possible. Much attention is paid to the principle of proportionality, as it is the basic principle on the basis of which coercive procedural measures are garanted and applied. This principle is first analyzed in general terms, three criteria are distinguished and described - whether the applied coercion will help to achieve the goal, whether the goal cannot be achieved by a milder coercive measure, or whether the achieved result will be significant. In the following work, based on the case law, the application of pre-trial detention measures and other procedural coercive measures in accordance with the principle of proportionality is analyzed separately. Not only the case law of national courts is analyzed, but also the case law of the European Court of Human Rights in the context of procedural coercive measures. According to the case law, criteria are distinguished which reduce the risk of exceeding the limits of the principle of proportionality by applying both coercive and non-public procedural coercive measures. When writing the master's thesis, a lot of attention was paid to court practice, jurisprudence of the Constitutional Court of the Republic of Lithuania and the Supreme Court of Lithuania. Special literature was also used. |
